Gui (Migration)

This matter concerned a review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the direct entry stream. The applicant sought to have the refusal of her visa application reviewed by the Tribunal, which was predicated on the refusal of an associated employer nomination application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.233(3) of the Migration Regulations 1994, which mandates that the Minister has approved the nomination. This clause, in conjunction with other provisions, requires that the nominated position be located in regional Australia, identified the applicant, and that the nominator be the prospective employer who has had their nomination approved and not subsequently withdrawn.

The Tribunal found that it lacked jurisdiction to review the refusal of the employer nomination because the nominating company, Knarston Enterprises Pty Ltd, had been deregistered by the Australian Securities and Investments Commission on 4 September 2019. As a deregistered company ceases to exist as a legal entity, it no longer has the legal standing to apply for or continue with an application for review. Consequently, the employer nomination could not be considered approved. The Tribunal therefore affirmed the decision not to grant the visa, as the essential criterion of an approved nomination had not been met.